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Tuscaloosa panel votes against MX business ban

Todd Boling, left, sits in the lobby of Tattoo Experience in Alberta on May 11, 2012.

Staff File Photo

By Jason MortonStaff Writer

Published: Tuesday, September 18, 2012 at 3:30 a.m.

Last Modified: Monday, September 17, 2012 at 11:21 p.m.

TUSCALOOSA | A proposed amendment to ban certain businesses within the city's MX zones was unanimously opposed Monday night by the Tuscaloosa Planning and Zoning Commission.

Each member of the commission who participated in the meeting expressed concerns that preventing these businesses from operating within areas of the tornado recovery zone was overreaching and, possibly, unconstitutional.

Now, these businesses — described as “restricted,” by city law — are allowed to operate within the mixed use zones on a limited basis: one per block front or not closer than 300 feet to another “restricted” operation.

This, the commission agreed, is enough.

But the commission's vote to recommend leaving the current MX zoning rules that govern these businesses as-is is just that — a recommendation.

It will be up to the City Council to decide whether to follow the commission's suggestion. According to Senior Associate City Attorney Jimbo Woodson, the earliest a council vote on this matter could take place is about five weeks from now.

Tyner said he intends to use that time to persuade fellow council members to vote in favor of the ban.

“It was a good discussion,” Tyner said of Monday night's debate. “But I still don't understand why it was needed. The final decision is in the hands of the City Council. ...

“If we don't take a stand now, we'll get back to the same Alberta we had before.”

And as Tyner intends to influence the council to see things his way, so, too, does the man that Tyner is trying to keep out of Alberta.

The discussion to change the MX zones in order to ban these currently restricted businesses began a few weeks back when Tyner learned of the intentions of Todd Boling to relocate The Tattoo Experience to a new building in Alberta.

Boling's business already operates in Alberta, just as it's done for the past 21 years. It is now in the Piggly Wiggly shopping center on University Boulevard, but he and his business partner, Jason Lightsey, fear they could lose this space if the nearby Leland Shopping Center is bought by developers.

The new location of The Tattoo Experience does not put it in violation of the 300 feet or one per block face rule. Outside of that, any attempts to halt these businesses in order to stop one tattoo parlor is, in their opinion, discrimination.

“We're not asking for any changes,” Lightsey told the commission. “We met the requirements ... and are willing to spend hundreds of thousands of dollars to rebuild something nice.

“Why there's opposition to that, I'm not sure.”

Tyner has said numerous times that he's not opposed to tattoo businesses in general and that Boling has several areas throughout Tuscaloosa in which he can operate.

But he doesn't want Alberta to be one of them, and he referred to statistics that he said indicates that many of the businesses on the restricted list are synonymous with areas of high crime and blight.

This position was supported by only two residents who took the podium Monday night.

The others stood alongside The Tattoo Experience, including — understandably — Samuel Wiggins, the Birmingham-based attorney that Boling and Lightsey have retained to defend them.

Wiggins highlighted decisions by the U.S. Ninth Circuit Court of Appeals, which has ruled that tattoo parlors fall under the First Amendment's free speech protections.

Others, such as Dan Maguire, president of the upstart community group Alberta Citizens Together (ACT), pointed to the attention that a Facebook page, “Save the Tattoo Experience,” received in the first week of its existence.

As of Monday night, more than 100 users of the social network site indicated they would or possibly would be at the City Council chambers in support of the Alberta tattoo shop.

That many didn't actually make it to City Hall for the Planning and Zoning Commission, but an unofficial poll taken of those who remained in the chambers as the meeting reached its third hour showed that 36 were against the ban and five — including Tyner — were in favor of it.

“Anytime you're going to put limits on free enterprise, you should be very, very careful,” Maguire told the commission, adding that it was ACT's official position that “the existing limitations are more than sufficient.”

Boling, who described Tyner's efforts as an attack on his livelihood, was visibly excited over the commission's unanimous vote in his favor.

He said his fight would not end with the Planning and Zoning Commission and said he plans to increase his supporters by the time the City Council votes.

And he also referred to the Tuscaloosa Forward Strategic Rebuilding Plan, which was crafted from months of community discussion on what residents wanted to see return to the landscape wiped clean by the tornado of April 27, 2011.

“Tuscaloosa Forward was designed to move Tuscaloosa forward,” Boling said, “and The Tattoo Experience will be a part of that whether Mr. Tyner wants us to or not.”

<p>TUSCALOOSA | A proposed amendment to ban certain businesses within the city's MX zones was unanimously opposed Monday night by the Tuscaloosa Planning and Zoning Commission.</p><p>Each member of the commission who participated in the meeting expressed concerns that preventing these businesses from operating within areas of the tornado recovery zone was overreaching and, possibly, unconstitutional.</p><p>“In its present form,” said Commission Chairman Steven Rumsey, “I think it's too broad.”</p><p>The commission's vote came after three hours session at which 16 residents spoke out against the proposal initiated by City Councilman Kip Tyner. </p><p>Tyner has proposed amending the city's mixed-use zoning codes in order to ban the construction or operation of check-cashing operations, pawnshops, payday loan services, sexually oriented or adult-based entertainment stores, tattoo or body piercing parlors, title loan businesses, tobacco shops and vehicle repair services.</p><p>Now, these businesses — described as “restricted,” by city law — are allowed to operate within the mixed use zones on a limited basis: one per block front or not closer than 300 feet to another “restricted” operation.</p><p>This, the commission agreed, is enough.</p><p>But the commission's vote to recommend leaving the current MX zoning rules that govern these businesses as-is is just that — a recommendation.</p><p>It will be up to the City Council to decide whether to follow the commission's suggestion. According to Senior Associate City Attorney Jimbo Woodson, the earliest a council vote on this matter could take place is about five weeks from now.</p><p>Tyner said he intends to use that time to persuade fellow council members to vote in favor of the ban.</p><p>“It was a good discussion,” Tyner said of Monday night's debate. “But I still don't understand why it was needed. The final decision is in the hands of the City Council. ...</p><p>“If we don't take a stand now, we'll get back to the same Alberta we had before.”</p><p>And as Tyner intends to influence the council to see things his way, so, too, does the man that Tyner is trying to keep out of Alberta.</p><p>The discussion to change the MX zones in order to ban these currently restricted businesses began a few weeks back when Tyner learned of the intentions of Todd Boling to relocate The Tattoo Experience to a new building in Alberta.</p><p>Boling's business already operates in Alberta, just as it's done for the past 21 years. It is now in the Piggly Wiggly shopping center on University Boulevard, but he and his business partner, Jason Lightsey, fear they could lose this space if the nearby Leland Shopping Center is bought by developers.</p><p>The new location of The Tattoo Experience does not put it in violation of the 300 feet or one per block face rule. Outside of that, any attempts to halt these businesses in order to stop one tattoo parlor is, in their opinion, discrimination.</p><p>“We're not asking for any changes,” Lightsey told the commission. “We met the requirements ... and are willing to spend hundreds of thousands of dollars to rebuild something nice.</p><p>“Why there's opposition to that, I'm not sure.”</p><p>Tyner has said numerous times that he's not opposed to tattoo businesses in general and that Boling has several areas throughout Tuscaloosa in which he can operate.</p><p>But he doesn't want Alberta to be one of them, and he referred to statistics that he said indicates that many of the businesses on the restricted list are synonymous with areas of high crime and blight.</p><p>This position was supported by only two residents who took the podium Monday night.</p><p>The others stood alongside The Tattoo Experience, including — understandably — Samuel Wiggins, the Birmingham-based attorney that Boling and Lightsey have retained to defend them.</p><p>Wiggins highlighted decisions by the U.S. Ninth Circuit Court of Appeals, which has ruled that tattoo parlors fall under the First Amendment's free speech protections.</p><p>“In my judgment,” Wiggins said, “(the proposal) is unconstitutional, it's unlawful and it's ill-advised.”</p><p>Others, such as Dan Maguire, president of the upstart community group Alberta Citizens Together (ACT), pointed to the attention that a Facebook page, “Save the Tattoo Experience,” received in the first week of its existence.</p><p>As of Monday night, more than 100 users of the social network site indicated they would or possibly would be at the City Council chambers in support of the Alberta tattoo shop.</p><p>That many didn't actually make it to City Hall for the Planning and Zoning Commission, but an unofficial poll taken of those who remained in the chambers as the meeting reached its third hour showed that 36 were against the ban and five — including Tyner — were in favor of it.</p><p>“Anytime you're going to put limits on free enterprise, you should be very, very careful,” Maguire told the commission, adding that it was ACT's official position that “the existing limitations are more than sufficient.”</p><p>Boling, who described Tyner's efforts as an attack on his livelihood, was visibly excited over the commission's unanimous vote in his favor.</p><p>He said his fight would not end with the Planning and Zoning Commission and said he plans to increase his supporters by the time the City Council votes.</p><p>And he also referred to the Tuscaloosa Forward Strategic Rebuilding Plan, which was crafted from months of community discussion on what residents wanted to see return to the landscape wiped clean by the tornado of April 27, 2011.</p><p>“Tuscaloosa Forward was designed to move Tuscaloosa forward,” Boling said, “and The Tattoo Experience will be a part of that whether Mr. Tyner wants us to or not.”</p><p>Reach Jason Morton at jason.morton@tuscaloosanews.com or 205-722-0200.</p>